Supreme Court of India
BAL KISHAN GIRIversusSTATE OF U.P.
- Citation
- 2014 INSC 413
- Decided
- 28 May 2014
- Disposal
- Dismissed
- Bench
- B S CHAUHAN
Holding
The Supreme Court held that the appellant’s apology was not bona fide, the High Court correctly rejected it, and the conviction for criminal contempt stands, with the fine reduced to Rs 2,000.
Summary
Bal Kishan Giri, a practising advocate, filed a complaint in the Allahabad High Court alleging that three High Court judges were biased and would grant bail to accused gangsters linked to a local MLA, after his nephew was murdered. The High Court issued a show‑cause notice for contempt, to which Giri tendered an unconditional apology claiming he was misguided and under mental stress. The Court rejected the apology as not bona fide, convicted him of criminal contempt under the Contempt of Courts Act, 1971, and imposed one month imprisonment and a fine of Rs 20,000. On appeal, the Supreme Court held that the apology lacked genuine remorse, the allegations were scandalous and unfounded, and the High Court was correct in rejecting the apology; it affirmed the conviction but reduced the fine to the statutory maximum of Rs 2,000. The appeal was dismissed.
Issues considered
- The appellant’s apology was bona fide and sufficient to merit remission of punishment under Section 12 of the Contempt of Courts Act, 1971.
- Whether the High Court erred in rejecting the apology and convicting the appellant for criminal contempt.
- Whether the fine imposed exceeded the statutory limit prescribed under Section 12(1) and (2) of the Contempt of Courts Act.
- Whether non‑compliance with Chapter XXXV‑E of the Allahabad High Court Rules vitiated the contempt proceedings.
Legislation cited
- Contempt of Courts Act, 1971s. 12(1), s. 12(2)
Subjects
criminal contemptcontempt of courts actapologyjudicial independencebar councilhigh court judgesfine reductionpower to punishprocedural compliance
Judgment
[2014] 6 S.C.R. 545
BAL KISHAN GIRi A
v.
STA~ OF U.P.
(Criminal Appeal No. 555 of 2010)
MAY 28, .2014
B
[DR. B. S. CHAUHAN AND A.K.SIKRI, JJ.]
s.
Contempt of Courts Act, 1971- 12-.Criminalcontempt
by a lawyer - Conviction under - ,A.pplication and complaint
by lawyer alleging accusations apajp.§_t judges of High .court C
- Apology tendered by the lawyer - C~nviction under the Act
- Justification of - Held: High Court di'?i not commit any error
in not accepting the lawyer's apology'since the same is not
bona fide -Allegations made by the lawyer against the judges·
of the High Court are too serious, scandalous and sufficient D
to undermine the majesty of law and dignity of court .and is
without any basis'- Being a member of the Bar, it was his duty
not to demean and disgrace the majesty of justice dispensed
by a court of law - Casting of bald, oblique, unsubstantiated
aspersions against the judges of High Court not only causes E
agony and anguish to the judges concerned but also shakes
the confidence of the public in the judiciary in its function of
dispensation of justice - Judicial process is based on probity,
fairness and impartiality which is unimpeachable - Such an
act is highly reprehensible and deeply regretted - However, F
imposition of fine of Rs. 20, 0001- on the lawyer, reduced to
Rs. 2, 0001-.
Contempt of court - Apology tendered - Meaning of -
Held: Apology means a regretful acknowledge or excuse for
fai/ur€J - Apology should be sincere - Apology should be G
tendered with a sense of genuine remorse and repentance,
and not a calculated strategy to avoid punishment -Apology
in case of criminal contempt must be offered at the earliest
since belated apology hardly shows the contrition.
545 H
546 SUPREME COURT REPORTS [2014] 6 S.C.R.
A Contempt of court - Power of courts to punish - Held:
Power to punish for contempt is a rare species ofjudicial power.
- It calls for exercise with great care and caution - Power ought
to be exercised only where silence is no longer an option -
Power of courts to punish for contempt is to secure public
B respect and confidence in jµdicial process.
Appellant's nephew was found dead with two other
people. A criminal case was registered against the
accused persons. They filed applications for bail before
the High Court. During the pendency of the proceedings,
C appellant-lawyer filed an application as also complaint
before the High Court alleging that the accused were
gangsters involved in criminal activities and were closely
related to local MLA and Ex. M.P. and had links with
Judges of the High Court. It was alleged that the Judge
D would favour the accused persons to get bail. The High
Court examined the matter and issued show cause notice
as to why the criminal contempt proceedings should not
be initiated against him. The appellant submitted an
unconditional apology that he was misguided by the
E advocate and was tensed on account of murder of his
nephew. The High Court convicted the appellant for
committing criminal contempt' under the provisions of
Contempt of Court Act, 1971 and sentenced accordingly.
Hence, the instant appeal.
F
Dismissing the appeal, the Court,
HELD: 1.1. The allegations made by the appellant
against the three judges of the High Court are too
serio1,1s, scandalous and, admittedly, sufficient to
G undermine the majesty of law and dignity of court and that
is too without any basis. The appellant is a practicing
advocate. Plea taken by him that he had been misguided
by other advocates is an afterthought. He must have been
fully aware of the consequences of what he has written.
H The averment to the effect that provisions of Chapter
BAL KISHAN GIRi v. STATE OF U.P. 547
XXXV-E of the Rules had not been strictly observed A
remains insignificant as the appellant had not only
admitted transcribing the complaint but also its contents.
The High Court did not commit any error in not accepting
the appellant's apology since the same was not bona fide.
There might have been an inner impulse of outburst as B
the appellant alleges tlfat his nephew had been murdered,
but that was no excuse for a practicing lawyer to raise
fingers against the court. [Paras 8, 19) [555-B-C; 559-D-
E]
M.8. Sanghi, Advocate v. High Court of Punjab and
c
Haryana & Ors. 1991 (3) SCR 312: AIR 1991 SC 1834 ;
Asharam M. Jain v. A. T. Gupta & Ors. 1983 (3) SCR 719:
AIR 1983 SC 1151 - referred to,
Jennison v. Baker [1972) 1 All E.R. 997 - referred to. D
1.2. The apology means a regretful acknowledg~ or
excuse for failure. An explanation offered to a person
affected by one's action that no offence was intended,
coupled with the expression of regret for any that may
E
have been given. Apology-should be unquestionable in
sincerity. It should be tendered with a sense of genuine
remorse and repentance, and not a calculated strategy
to avoid punishment. Such arr apolo_gy can merely be
termed as "paper apology". [Para 12 'and 13) [556-E-F;
557-C]
F
1.3. Clause 1 of Section 12 of the Contempt of Courts
Act and the Explanation enables the court to remit the
punishment awarded for committing the contempt of
court on apology being made to the satisfaction of the G
court. However, an apology should not be rejected merely
on the ground that it is qualified or tempered at a belated
stage if the accused makes it bona fide. A conduct which
abuses and makes a mockery of the judicial process of
the court is to be dealt with iron hands and no person H
548 SUPREME COURT REPORTS [2014] 6 S.C.R.
A can tinker with it to prevent, prejudice, obstructed or
interfere with the administration of justice. There can be
cases where the wisdom of rendering an apology dawns
only at a later stage. Undoubtedly, an apology cannot be
a defence, a justification, or an appropriate punishment
B for an act which tantamounts to contempt of court.
Apology can be accepted in case where the conduct for
which the apology is given is such that it can be "ignored
without compromising the dignity of the court", or it is
intended to be the evidence of real contrition. An apology
_c for criminal contempt of court must be offered at the
earliest since a belated apology hardly shows the
"contrition which is the essence of the purging of
contempt". [Para 13 and 15] [557-A-C, F; 556-G-H]
Debabrata Bandopadhyay & Ors. v. The State of West
D Bengal & Anr. 1969 SCR 304: AIR 1969 SC 189; Mulkh Raj
v. The State of Punjab AIR 1972 SC 1197; The Secretary,
Hailakandi Bar Association v. State of Assam & Anr. 1996
(2) Suppl. SCR 573: AIR 1996 SC 1925; C. Elumalai & Ors.
v. A.G.L. lrudayaraj & Anr. 2009 (4) SCR 774: AIR 2009 SC
E 2214; Ranveer Yadav v. State of Bihar 2010 (6) SCR
1073:(2010) 11 SCC 493; Shri Baradakanta Mishra v.
Registrar of Orissa High Court & Anr. 1974 (2) SCR 282 AIR
1974 SC 710: The Bar Council of Maharashtra v. M. V.
Dabholkar etc. 1976 (2) SCR 48: AIR 1976 SC 242; Asharam
F M. Jain v. A. T. Gupta & Ors. 1983 (3) SCR 719: AIR 1983
SC 1151; Mohd. Zahir Khan v. Vijai Singh & Ors. AIR 1992
SC 642; Re: Sanjiv Datta 1995 (3) SCR 450: (1995) 3 SCC
619; Patel Rajnikant Dhulabhai & Ors. v. Patel Chandrakant
Dhulabhai & Ors. 2008 (10) SCR 1169: AIR 2008 SC 3016;
G Vishram Singh Raghubanshi v. State of. U. P. 2011 (8) SCR
105: AIR 2011 SC 2275 - relied on.
L.D. Jaikwal v. State of UP. 1984 (3) SCR 833: AIR 1984
SC 1374; T.N. Godavarman Thirumulpad v. Ashok Khot &
Anr. 2006 (2) Suppl. SCR 215: AIR 2006 SC 2007 - referred
H to.
BAL KISHAN GIRi v. STATE OF U.P. 549
1.4. The power to punish for contempt is a rare A
species of judicial power which by the very ..i:iature calls
for exercise with great care and caution. Such power
ought to be exercised only where "silence is np longer
an option." Power of courts to punish for contempt is to
secure public respect and confidence in judicial process. B
Thus, it is a necessary incident to every court of justice.
[Para 17] [558-F-H; 559-A]
In re: S. Mulgaokar 1978 (3) SCR 162: AIR 1978 SC
727; H.G. Rangangoud v. Mis State Trading Corporation of
India Ltd. & Ors., 2011 (13) SCR 97: AIR 2012 SC 490; C
Maninderjit Singh Bittav. Union of India & Ors., (2012) 1 SCC
273; T.C. Gupta & Anr. v. Hari Om Prakash & Ors. (2013) 10
SCC 658; Arun Kumar Yadav v. State of U.P. through District
Judge, 2013 (6) SCR 263:(2013) 14 sec 127 - relied on.
1.5. Being a member of the Bar, it was the duty of the D
appellant not to demean and disgrace the majesty of
justice dispensed by a court of law. It is a case where
insinuation of bias and predetermined mind has been
leveled by a practicing lawyer against three judges of the
High Court. Such casting of bald, oblique, E
unsubstantiated aspersions against the judges of High
Court not only causes agony and anguish to the judges
concerned but also shakes the confidence of the public
in the judiciary in its function of dispensation of justice.
The judicial process is based on probity, fairness and F
impartiality which is unimpeachable. Such an act
especially by members of Bar is highly reprehensible and
deeply regretted. Absence of motivation is no excuse.
[Para 18] [559-A-D]
1.8 The fine of Rs.20,000/- imposed on the appellant G
by the High Court, is reduced to Rs.2,000/-. [Para21] [560-
A]
Case Law Reference :
1991 (3) SCR 312 Referred to Para 9 H
L
550 SUPREME COURT REPORTS [2014] 6 S.C.R.
A 1983 (3) SCR 719 Referred to Para 10
[1972] 1 All E.R. 997 Referred to Para 11
1984 (3) SCR 833 Referred to Para 14
2006 (2) Suppl. SCR 215 Referred to Para 14
B
1969 SCR 304 Relied on Para 15
AIR 1972 SC 1197 Relied on Para 15
1996 (2) Suppl. SCR 573 Relied on Para 15
c
2009 (4) SCR 774 Relied on Para 15
2010 (6) SCR 1073 Relied on Para 15
1974 (2) SCR 282 Relied on Para 16
D 1976 (2) SCR 48 Relied on Para 16
1983 (3) SCR 719 Relied on Para 16
AIR 1992 SC 642 Relied on Para 16
E 1995 (3) SCR 450 Relied on Para 16
2008 (10) SCR 1169 Relied on Para 16
2011 (8) SCR 105 Relied on Para 16
1978 (3) SCR 162 Relied on Para 17
F
2011 (13) SCR 97 Relied on Para.17
c2012) 1 sec 213 Relied on Para 17
(2013) 1o sec 658 Relied on Para 17
G
2013 (6) SCR 263 Relied on Para 17
CRIMINAL APP ELLATE JURISDICTION : Criminal Appeal
No. 555 of 2010.
H From the Judgment and Order dated 05.02.2010 of by the
BAL KISHAN GIRi v. STATE OF U.P. 551
High Court of Judicature at Allahabad in Contempt Application A
(Crl) No. 15 of 2009.
Jitendra Mohan Sharma, Shikha Bani,· Sameer Singh,
Pahlad Singh Sharma for the Appellant.
lrshad Ahmad, AAG, Abhisth Kumar, Archana Singh for the B
Respondent.
The Judgment of the Court was delivered by
DR. B.S. CHAUHAN,J. 1. In this appeal, impugned C
judgment and order dated 5.2.2010 passed by the High Court
of Judicature at Allahabad in Contempt Application (Crl.) No.
15 of 2009, by which the 'appellant stood convicted for
committing criminal contempt under the provisions of Contempt
of Courts Act, 1971 (hereinafter referred to as the 'Act') and D
sentenced to undergo simple imprisonment for one month and
to pay a fine of Rs.20,000/- and in default to undergo simple
imprisonment for two weeks, has been assailed.
2. Facts and circumstances giving rise to this appeal are
fu~: E
A. An FIR was lodged in P.S. Baleni, District Baghpat on
23.5.2008 by Anil Kumar, appellant in connected Criminal
Appeal No. 686 of 2010 alleging that his younger brother Sunil
Kumar alongwith Puneet Kumar Giri, who were residing in
F
Sitaram Hostel of the Meerut College, were not traceable and
went missing the previous evening. Another inmate of the same
hostel Sudhir Kumar was also reported untraceable. The very
next day, three dead bodies of the said missing persons were
found on the banks of river Hindon. A criminal case was
therefore registered. G
B. During investigation, it came to the notice of the police
authorities that the place of occurrence fell within the territorial
jurisdiction of P.S. Kotwali, Meerut, and thus investigation on
H
552 SUPREME COURT REPORTS [2014] 6 S.C.R.
A being transferred to P.S. Kotwali, Meerut, the case was
registered as Case Crime No.190/2008.
C. During investigation, many accused persons including
one Haji. lzlal were arrested. They moved bail applications
before the Meerut Distt. Court which stood rejected. Aggrieved,
8
all the accused persons filed bail applications before the High
Court of Allahabad. It was on 14.8.2009 during the pendency
of the said applications that the appellant submitted an
application to the Hon'ble Chief Justice of Allahabad High Court
alleging that the accused therein were gangsters and had
C accumulated assets worth crores of rupees by their criminal
activities. The accused persons were closely related to a local
M.L.A. and, Ex. M.P. and they had links with the Judges of the
High Court including Mr. Justice S.K. Jain who had earlier
served as a judicial officer in Meerut Court. The appellant
D expressed his apprehension that Mr. Justice S.K. Jain would _
favour the accused persons to get bail. A copy of the said
complaint was also sent to the Chairman, Bar Council of U.P.
D. The High Court examined the complaint and placed the
E matter on the judicial side on 12.11.2009. The court issued a
show cause notice dated 14.8.2009 to the appellant as to why
the criminal contempt proceedings be not initiated against him
under the provisions of the Act.
E. The appellant submitted an unconditional apology dated
F 21.11.2009 submitting that the application was sent by him as
he had been misguided by the advocates of District Meerut and
he was in great mental tension as his nephew had been
murdered.
G F. The High Court after completing the trial convicted the
appellant vide impugned judgment and E>rder dated 5.2.2010
and awarded the sentence as referred to hereinabove.
Hence, this appeal.
H
BAL KISHAN GIRi v. STATE OF U.P. 553
[DR. 8. S. CHAUHAN, JJ
3. Mr. J.M. Sharma, learned senior counsel appearing for A
the appellant has submitted that the show cause notice was not
in consonance with the provisions of Chapter XXXV-E, Rule 6
of the Allahabad High Court Rules, 1952 (hereinafter referred
to as the Rules). Thus, all subsequent proceedings stood
vitiated. More so, the appellant is a practicing advocate and B
had written the said complaint under a mental tension as his
nephew had been murdered, and on being misguided by the
advocates of the Meerut Court. Once the appellant has tendered
an absolute and unconditional apology, punishment was not
warranted and fine imposed therein is contrary to the statutory c
provisions of the Act. Thus, the appeal deserves to be allowed.
4. Per contra, Mr. lrshad Ahmad, learned counsel
appearing for the State has opposed the appeal contending
that very wild and scandalous allegations had been made by
the appellant not only against one judge but against various D
judicial officers and merely tendering an apology is not enough.
As the appellant had accepted that he had written the letter and
also owned its contents, and filed the reply to the show cause
notice issued to him, even if, the statutory rules have not been
complied with, the order would not stand vitiated. The appeal E
lacks merit and is liable to be dismissed.
5. We have considered the rival submissions made by
learned counsel for the parties and perused the record.
6. The relevant part of the complaint filed by the appellant
F
reads as under:
"4. That Akhalakh family have good connection with all
judges posted at Meerut. Hon. Mr. Justice S.C. Nigam was
posted in Meerut in the year 1981 to 1984 and 2002-03 G
on the posts of Addi. Civil Judge/A.C.J.M. and Addi.
District & Sessions Judge respectively. Hon. Justice Mr.
S.K. Jain was also posted at Meerut as Additional Distric
& Sessions Judge in 2002-03.
554 SUPREME COURT REPORTS [2014] 6 S.C.R.
A 5. That all the Hon. Justices V.K. Verma, S.K. Jain and
S.C. Nigam have been promoted as High Court Judges
from the cadre of District Judges. Hon. Justice Mr. S.K.
Jain and Hon. Justice S.C. Nigam remained posted in Civil
Court Meerut as Additional District Judge together in the
B year 2002-03 and have been promoted from Meerut
Judgeship to the cadre of District Judge. They ~re very
good friends. Hon. Mr. Justice V.K. Verma also has very
good intimacy with them. They have made a caucus with
V.P. Srivastava, Senior Advocate of Allahabad High Court
c for granting major bails to known accused in criminal cases
illegally and with ulterior motives.
Hon. Justice V.K. Verma has granted bails to two accused
namely Rizwan and Wassim in aforesaid famous triple
murder case of Meerut in bail application No.924 of 2009
D and 1238 of 2009 on 17.7.2009 illegally and with ulterior
motives."
7. The appellant/complainant further expressed his
apprehension of having no confidence and faith in any of the
E three Judges of the Allahabad High Court as they could pass
any order at the behest of Shri V.P. Srivastava, Senior
Advocate.
In sum and substance, the offending part of the allegation
had been as under:
F
(1) Akhlaq had good relations with Mr. Justice S.C. Nigam
from the date since he was posted at Meerut on three
terms, (2) that justice V.K. Verma had good intimacy with
the family of the accused and the accused have made a
G clique alongwith one V.P. Srivastava, Senior Advocate of
Allahabad High Court for procuring major bails illegally and
with ulterior motives. Mr. Justice V.K. Verma has admitted
bail to two accused namely Rizwan and Wasim illegally
and with ulterior motives. The three Judges (V.K. Verma,
H
BAL KISHAN GIRi v. STATE OF U.P. 555
[DR. 8. S. CHAUHAN, J.]
S.K. Jain and S.C. Nigam) may pass any order at the A
behest of V.P. Srivastava, Senior Advocate.
8. The allegations made by the appellant against the 3
judges of the High Court are too serious, scandalous and,
admittedly, sufficient to undermine the majesty of law and
8
dignity of court and that is too without any basis. The
appellant is a practicing advocate. Plea taken by him that
he had been misguided by other advocates is an
afterthought. He must. have been fully aware of the
consequences of what he has written. The averment to the C
effect that provisions of Chapter XXXV-E of the Rules had
not been strictly observed remains insignificant as the
appellant had not only admitted transcribing the complaint
but also its contents. The appellant had submitted the reply
to the show cause notice issued by the High Court of
Allahabad on the judicial side. In such a fact-situation, even D
if, for the sake of argument it is accepted that the aforesaid
Rules have not been complied with strictly, we are not
willing to accept the case of the appellant for the reason
that Mr. J.M. Sharma, learned senior counsel for the
appellant could not show as to what was that material E
which was not considered by the High Court that had been
put up as a defence by the appellant resulting in any
miscarriage of justice.
9. This Court in M.B. Sanghi, Advocate v. High Court of F
Punjab and Haryana & Ors., AIR 1991 SC 1834, while
examining a similar case observed :
"The foundation of judicial system which is based on the
independence and impartiality of those who man it will
be shaken if disparaging and derogatory remarks are G
made against the presiding judicial officers with impunity.
It is high time that we realise that the much cherished
judicial independence has to be protected not only from
the executive or the legislature but also from those who
are an integral part of the system. An independent H
)
556 SUPREME COURT REPORTS [2014] 6 S.C.R.
A judiciary is of vital importance to any free society".
10. In Asharam M. Jain v. A. T. Gupta & Ors. AIR 1983
SC 1151, while dealing with the issue, this Court observed as
under:
B "The strains and mortification of litigation cannot be
allowed to lead litigants to tarnish, terrorise and destroy
the system of administration ofju~tice by vilification of
judges. It is not that judges need be protected; judges
may well take care of themselves. It is the right and interest
C of the public in the due administration of justice that has
to be protected. "
11. In Jennison v. Baker [1972] 1 All E.R. 997, 1006, it
•. was observed, "[T]he law should not be seen to sit by limply,
0 while those who defy it go free, and those who seek its
•/ protection lose hope"
12. The appellant has tendered an absolute and
unconditional apology which has not been accepted by the High
Court. The apology means a regretful acknowledge or excuse
E for failure. An explanation offered to a person affected by one's
action that no offence was intended, coupled with the
expression of regret for any that may have been given . Apology ·
should be unquestionable in sincerity. It should be tempered
with a sense of genuine remorse and repentance, and not a
F calculated strategy to avoid punishment
13. Clause 1 of Section 12 of the Act and Explanation
attached thereto enables the court to remit the punishment
awarded for committing the contempt of court on apology being
G made to the satisfaction of the court. However, an apology
should not be rejected merely on the ground that it is qualified
or tempered at a belated stage if the accused makes it bona
fide. A conduct which abuses and makes a mockery of the
judicial process of the court is to be dealt with iron hands and
H no person can tinker with it to prevent, prejudice, obstructed or
BAL KISHAN GIRi v. STATE OF U.P. 557
[DR. 8. S. CHAUHAN, J.J
interfere with the administration of justice. There can be cases A
where the wisdom of rendering an apology dawns only at a later
stage. Undoubtedly, an apology cannot be a defence, a
justification, or an appropriate punishment for an act which
tantamounts to contempt of court. An apology can be accepted
in case where the conduct for which the apology is given is s
such that it can be "ignored without compromising the dignity
of the court", or it is intended to be the evidence of real
contrition. It should be sincere. Apology cannot be accepted in
case it is hollow; there is no remorse; no regret; no repentance,
or if it is only a device to escape the rigour of the law. Such an c
apology can merely be termed as "paper apology".
14. In LO. Jaikwa/ v. State of UP., AIR 1984 SC 1374,
this court noted that it cannot subscribe to the 'slap-say sorry-
and forget' school of thought in administration of contempt
jurisprudence. Saying 'sorry' does not make the slapper poorer. D
(See also: T.N. Godavarman Thirumulpad v. Ashok Khot
& Anr., AIR 2006 SC 2007)
So an apology should not be "paper apology" and
E
expression of sorrow should come from the heart and not from
the pen; for it is one thing to 'say' sorry, it is another to 'feel'
sorry.
15. An apology for criminal contempt of court must be
offered at the earliest since a belated apology hardly shows the F
"contrition which is the essence of the purging of contempt". Of
course, an apology must be offered and that too clearly and at
the earliest opportunity. However, even if the apology is not
belated but the court finds it to be without real contrition and
I •
remorse, and finds that 1t was merely tendered as a weapon G
of defence, the Court may refuse to accept it. If the apology is
offered at the time when the contemnor finds that the court is
going to impose punishment, it ceases to be an apology and
becomes an act of a cringing coward. (Vide: Debabrata
Bandopadhyay & Ors. v. The State of West Bengal & Anr., H
558 SUPREME COURT REPORTS [2014] 6 S.C.R.
A AIR 1969 SC 189; Mulkh Raj v. The State of Punjab, AIR 1972
SC 1197; The Secretary, Hailakandi Bar Association v. State
of Assam & Anr., AIR 1996 SC 1925; C. Elumalai & Ors. v.
A.G.L. lrudayaraj & Anr., AIR 2009 SC 2214; and Ranveer
Yadav v. State of Bihar, (2010) 11 SCC 493).
8
16. This Court has clearly laid down that an apology
tendered is not to be accepted as a matter of course and the
Court is not bound to accept the same. The court is competent
to reject the apology and impose the punishment recording
C reasons for the same. The use of insulting language does not
absolve the contemnor on any count whatsoever. If the words
are calculated and clearly intended to cause any insult, an
apology, if tendered and lack penitence, regret or contrition,
does not deserve to be accepted. (Vide: Shri Baradakanta
Mishra v. Registrar of Orissa High Court & Anr., AIR 197\ SC
D 71 O; The Bar Council of Maharashtra v. M. V. Dabholkar etc.,
AIR 1976 SC 242; Asharam M. Jain v. A. T. Gupta & Ors., AIR
1983 SC 1151 ; Mohd. Zahir Khan v. Vijai Singh & Ors., Al R
1992 SC 642; In Re: Sat'ljiv Datta, (1995) 3 SCC 619; Patel
'
Rajnikant Dhulabhai & Ors. v. Patel Chandrakant Dhulabhai
E & Ors., AIR 2008 SC 3016; and Vishram Singh Raghubanshi
v. State of UP., AIR 2011 SC 2275).
17. That the power to punish for contempt is a rare species
of judicial power which is by the very nature calls for exercise
F with great care and caution. Such power ought to be exercised
only where "silence is no longer an option."
(See: In re: S. Mulgaokar AIR 1978 SC 727; H.G.
Rangangoud v. Mis State Trading Corporation of India Ltd.
& Ors., AIR 2012 SC 490; Maninderjit Singh Bittav. Union of
G India & Ors., (2012) 1 SCC 273; T. C. Gupta & Anr. v. Hari
Om Prakash & Ors., (2013) 10 SCC 658; and Arun Kumar
Yadav v. State of UP. through District Judge, (2013) 14 SCC
127)
H Power of courts to punish for contempt is to secure public
BAL KISHAN GIRi v. STATE OF U.P. 559
[DR. B. S. CHAUHAN, J.]
respect and confidence in judicial process. Thus, it is a A
necessary incident to every court of justice.
18. Being a member of the Bar, it ·was his duty not to
demean and disgrace the majesty of justice dispensed by a
court of law. It is a oase where insinuation of bias and
predetermined mind has been leveled by a practicing lawyer B
against three judges of the High Court. Such casting of bald,
oblique, unsubstantiated aspersions against the judges of High
Court not only causes agony and anguish to the judges
concerned but also shakes the confidence of the public in the
judiciary in its function of dispensation of justice. The judicial C
process is based on probity, fairness and impartiality which is
unimpeachable. Such an act especially by members of Bar who
are another cog in the wheel of justice is highly reprehensible
and deeply regretted. Absence of motivation is no excuse.
D
19. In view of the above, we are of the considered opinion
that the High Court has not committed any error in not accepting
the appellant's apology since the same is not bona fide. There
might have been an inner impulse of outburst as the appellant
alleges that his nephew had been murdered, but that is no E
excuse for a practicing lawyer to raise fingers against the court.
20. Section 12(1) of the Act provides that if the court is
satisfied that contempt of court has been committeq, it may
punish the contemnor with simple imprisonment for a term which
may extend to six months, or with fine which may extend to F
Rs.2,000/-, or with both.
Section 12(2) further provides that "notwithstanding
anything contained in any other law for the time being in force,
no court shall impose a sentence in excess of that specified in G
sub-section (1) for any contempt either in respect of itself or of
a court subordinate to it."
Thus, the power to punish for contempt of the court is
subject to limitations prescribed in sub-section (2) of the Act.
H
560 SUPREME COURT REPORTS [2014] 6 S.C.R.
A 21. Hence, in view of the above, the fine of Rs.20,000/-
im posed on the appellant by the High Court by way of
impugned judgment and order, is reduced to Rs.2,000/- and
is directed to deposit the said fine forthwith.
22. We find no force in the appeal which is accordingly
8 dismissed. The appellant must surrender to serve out of the
sentence forthwith, failing which, the learned Chief Judicial
Magistrate, Meerut, would secure his custody and send him to
jail to serve out the sentence. A copy of the order be sent to
the learned Chief Judicial Magistrate, Meerut, for information
C and 1<ompliance.
Nidhi Jain Appeal dismissed.
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.
Try "criminal contempt"Sign in to search